Between the political and the legal: the judicialization of social movements and the resilience of social-environmental movements

Abstract

Social movement’s judicialization is a recente phenomenon in political and juridical history of Brazil. It has evoked, in last years, profound discussions in different fields. However, it is notable that these practice directly influence in the resilience capacity of social movements and it can even damage its own organization in an emancipatory dimension.
The case of “Movimento dos Atingidos pelo Desastre” of Blumenau/SC is an empirical evidence of this phenomenon. Since it has been under judicial review, which occurred as a political strategy of Municipal public power, the movement saw its actuation damaged because of the fact that the discussion has been transferred from a political sphere to a juridical-bureaucrat dimension. Taking it in consideration this article aims to discuss, through a sociological analysis and concerned with Constitutional theory, the question of judicialization of social movements. It questions the legitimacy of Judiciary to act in demands like this, where public sphere of discussion is denied; it alse intents to provide elements to the construction of a normative theory of judicial review contextualized. For this, the article is divided in four parts: I – Judicialization and judicial activism; II – Social movements, Politics and Judiciary; The case of Movimento dos Atingidos pelo Desastre de Blumenau/SC; IV – The (il)legitimacy of Judiciary to act in causes evolving social movements.